City Hall Reconstruction Site

Transcription

1 PROCUREMENT DIVISION 401 Clematis Street, 5 th Floor West Palm Beach, FL Tel: Fax: The Capital City of the Palm Beaches City Hall Reconstruction Site Invitation to Negotiate ITN The City of West Palm Beach ( City ) and the West Palm Beach Community Redevelopment Agency ("CRA") are inviting negotiations for the purchase/lease and development of a City/CRA property (the Site ) prominently located on a landmark Site along the Intracoastal Waterway in the City of West Palm Beach. The Site consists of approximately 3.51 acres less a portion to be retained for a linear expansion of the Waterfront Park. In 2009, a new City Hall was constructed in downtown and the old city hall that sits on the Site was vacated. The City has embraced the concept of utilizing the Site for a prominent hotel use but is amenable to additional uses on the Site provided they are compatible with the hotel use and adequate space exists to accommodate a second use. Time is of the essence and any proposal received after 3:00 p.m., Thursday, September 6, 2012 whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock located in the office of the Procurement Official. Proposals shall be placed in a sealed envelope, marked in the lower left-hand corner with the ITN number, title, and date and hour proposals are scheduled to be received. Proposers are responsible for ensuring that their proposal is stamped by Procurement Division office personnel by the deadline indicated. Interested parties may obtain a copy of this proposal by downloading a PDF file at All proposals must be delivered or mailed to: City of West Palm Beach Purchasing Division Althea Pemsel, MA, C.P.M. Procurement Official 401 Clematis Street, 5 th Floor West Palm Beach, FL ENVELOPE MUST BE IDENTIFIED AS: ITN City Hall Reconstruction Site BY: Althea Pemsel PUBLISH: Palm Beach Post Althea Pemsel, MA, C.P.M. DATE: June 17, 2012 Procurement Official City Hall ITN Page 1

2 TABLE OF CONTENTS SECTION I: THE PROJECT 4 SECTION II: PROJECT GOALS 16 SECTION III: SUBMITTAL REQUIREMENTS AND FORMAT 18 SECTION IV: GENERAL INFORMATION 20 SECTION V: REJECTION OR DISQUALIFICATION OF PROPOSALS 21 SECTION VI: MINIMUM REQUIREMENTS & EVALUATION PROCESS 22 SECTION VII: ADDENDA TO THE ITN 24 SECTION VIII: DISCLOSURE AND DISCLAIMER 25 SECTION IX: WARRANTS & REPRESENTATIONS 27 SECTION X: GENERAL TERMS & CONDITIONS 29 SECTION XI: SPECIAL TERMS & CONDITIONS 31 Attachments: Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Letter of Transmittal Purchase Price and Lease Terms RSVP and Registration Proposers Information Proposers References Representation and Disclosures Exhibits: Exhibit A: Exhibit B: Banyan Street Garage Demand Study Technical Memorandum of Vertical Expansion of the Banyan Garage City Hall ITN Page 2

3 TENTATIVE ITN SCHEDULE Listed below are the tentative dates and times of the project and when the actions noted must be completed. If the Procurement Division finds it necessary to change any of these dates or times, the change will be accomplished by addendum. All dates are subject to change. ACTION COMPLETION DATE ITN Issue Date June 13, 2012 Registration Due June 29, 2012 Pre-Submittal Meeting Non-Mandatory July 9, 2012 Deadline for Questions/Clarifications July 13, 2012 Deadline for Receipt of Proposals Evaluation Meeting Presentations Selection of Submitters Contract Negotiation September 6, 2012 at 3:00 p.m. Week of September 10 th TBD TBD TBD City Hall ITN Page 3

4 SECTION I: THE PROJECT A. Introduction and Purpose The City of West Palm Beach ( City ) and the West Palm Beach Community Redevelopment Agency ("CRA") are inviting negotiations for the purchase or lease and development of a City/CRA property (the Site ) prominently located on a landmark Site along the Intracoastal Waterway in the City of West Palm Beach. The Site consists of approximately 3.51 acres of land which includes the Site subject for development, an existing right of way, and a portion of land to be retained for a linear expansion of the Waterfront Park. In 2009, a new City Hall was constructed in downtown and the old city hall that sits on the Site was vacated. The City has embraced the concept of utilizing the Site for a prominent hotel use but is amenable to additional uses on the Site provided they are compatible with the hotel use and adequate space exists to accommodate a second use. In 1996, the voters approved a height limitation of five (5) stories for parcels located east of Olive Avenue which includes the Site. Either a referendum or a majority vote by the City Commission is required to remove the height limitation. In 2010, CRA staff conducted a massing analysis on the Site and determined the City and CRA would receive additional property taxes on the Site if the height limitation was removed. Based on the desire to seek the highest and best use for the Site, but also acknowledging the desire to limit the height, proposers are asked to develop a concept that either meets the five-story height limitation, or justifies any additional height for the proposed concept to a maximum of 15 stories. Provided a proposal is received that adequately balances the two goals, the City Commission has at its discretion the ability to either select a proposal and remove the height limitation by amending a city ordinance, or to hold a referendum. Due to the fact that the City Commission needs to take a formal action to address proposals that exceed the height limitation, only conceptual plans for the Site are being requested at this time. Those conceptual plans will be vetted in the community and, if well received, will be further defined during negotiations for the Site. Initially the City/CRA will require each proposer to provide evidence of its qualifications to develop the Site and submit a conceptual plan that generally describes the proposed use for the Site. B. Project Site This water view Site is located at the eastern terminus of Banyan Boulevard in the downtown and is generally described as an area bounded on the north by Second Street, on the east by Flagler Drive, on the west by Olive Avenue, and on the south by Banyan Boulevard. The Site is depicted on page 9. The Site has the strategic advantage of having a prominent water view, with City Hall ITN Page 4

5 maximum visual exposure to the intracoastal and, at certain heights, to the ocean. The Site is located in close proximity to Clematis Street, a nationally recognized retail district, as well as along a new $30 million Waterfront Promenade. Downtown West Palm Beach is also home to the Kravis Center for the Performing Arts, a 170,000 square foot Convention Center, and an anticipated convention center hotel. A Phase 1 environmental and asbestos study is near completion for the property east of Narcissus Avenue (Helen Wilkes Site). There is minimal groundwater contamination that has limited restrictions for this property namely that groundwater cannot be used for irrigation or drinking for the property. This property was previously occupied by a five-story building. There is evidence that certain segments of the foundation as well as certain pilings still exist on the property which would need to be removed or built around pending design of a new structure. The Site will be sold or leased as is. A legal description of the property is as follows: City Hall Site: A Parcel Of Land Within The City Of West Palm Beach, Florida, Lying In Section 22, Township 43 South, Range 43 East, And Being All Of Block 54 Of The Plat Of The Map To Correct Former Plat Of Blocks 51, 52, 53, 54, As Recorded In Plat Book 1, Page 38, Public Records Of Palm Beach County, Florida, Less And Except The Northerly 8.00 Feet Of Said Block 54. Said Parcel Of Land Being More Particularly Described As Follows: Beginning At The Southwest Corner Of Block 54 Of Said Plat, Thence Run North 00 51'48" East, Along The West Line Of Said Block 54, A Distance Of Feet; Thence South 88 47'56" East Along A Line 8.00 Feet Southerly Of And Parallel With The North Line Of Block 54, A Distance Of Feet; Thence South 00 51'48" West Along The East Line Of Block 54, A Distance Of Feet; Thence North 88 47'56" West Along The South Line Of Said Block 54, A Distance Of Feet To The Point Of Beginning. Said Lands Situate, Lying And Being Situated In Section , In The City Of West Palm Beach, Palm Beach County, Florida. (The Legal Description Shown Hereon Was Authored By Exacta Commercial Surveyors, Inc., Without The Benefit Of A Title Search.) City Hall ITN Page 5

6 Proposed Narcissus Avenue Vacation: A Parcel Of Land Being A Portion Of Narcissus Avenue, More Particularly Described As Follows: Beginning At The Northeast Corner Of The Intersection Of First Street (Formerly Banyan Street) And Narcissus Avenue - In The City Of West Palm Beach, As Shown On The Plat Of George S. & Guy E. Whitting, According To The Plat Thereof, As Recorded In Plat Book 4, Page 56, Of The Public Records Of Palm Beach County, Florida; Thence Run North 00 51'48" East Along The Easterly Right Of Way Line Of Narcissus Avenue, A Distance Of Feet To A Point On A Line 8.00 Feet South Of And Parallel With The Southerly Right Of Way Line Of Second Street (Formerly Althea Street) As Shown On Plat Recorded In Plat Book 1, Page 58, Of The Public Records Palm Beach County, Florida; Thence North 88 47'56" West, A Distance Of Feet To A Point On The Westerly Right Of Way Line Of Narcissus Avenue, Said Point Also Being On A Line 8.00 Feet South Of And Parallel With Said Southerly Right Of Way Line Of Second Street; Thence South 00 57'48" West Along Said Westerly Right Of Way Of Narcissus Avenue, A Distance Of Feet To A Point On The Northerly Right Of Way Line Of First Street (Formerly Banyan Street) As Shown On Plat Recorded In Plat Book 4, Page 56, Of The Public Records Palm Beach County, Florida; Thence South 88 47'56" East Along The Easterly Projection Of Said Northerly Right Of Way Of First Street, A Distance Of Feet To The Point Of Beginning. Said Lands Situate, Lying And Being Situated In Section , In The City Of West Palm Beach, Palm Beach County, Florida. (The Legal Description Shown Hereon Was Authored By Exacta Commercial Surveyors, Inc., Without The Benefit Of A Title Search.) Helen Wilkes Site: Parcel A A Parcel Of Land In The City Of West Palm Beach, Florida, Being More Particularly Described As Follows: Beginning At A Point In The Northern Right Of Way Line Of First Street (Formerly Banyan Street) As Shown On Plat Recorded In Plat Book 4, Page 56, Of The Public Records Of Palm Beach County, Florida, At A Distance Of 60 Feet Easterly From, Measured Along Said City Hall ITN Page 6

7 Northerly Right Of Way Line, The Easterly Right Of Way Line Of Narcissus Avenue, Also Shown On Said Plat; Thence Easterly, Along Said Northerly Right Of Way Line Of First Street, A Distance Of Feet To A Point In The Westerly Right Of Way Line Of Flagler Drive ; Thence Northwesterly Along Said Westerly Right Of Way Line Of Flagler Drive, A Distance Of Feet, More Or Less, To A Point In The Southerly Right Of Way Line Of The Florida East Coast Railway Company Known As Said Company's Yard Tract No. 12, (Said Southerly Right Of Way Line Being Parallel To And 25 Feet Southerly From, Measured At Right Angles To, The Center Line Of An Existing Spur Tract); Thence Westerly, Along Said Southerly Right Of Way Line, A Distance Of Feet, More Or Less, To A Point In A Line Parallel To And 60 Feet Easterly From, Measured Along Said Southerly Right Of Way Line, Said Easterly Right Of Way Line Of Narcissus Avenue; Thence Southerly, Along Said Parallel Line, A Distance Of Feet, More Or Less To The Point Of Beginning. Parcel B: A Parcel Of Land In The City Of West Palm Beach, Florida, Being More Particularly Described As Follows: Beginning At The Point Of Intersection Of The Easterly Extension Of The Southerly Right Of Way Line Of Second Street (Formerly Althea Street) As Said Southerly Right Of Way Line Is Shown On Plat Recorded In Plat Book 1, Page 58, Of The Public Records Of Palm Beach County, Florida, With The Northerly Extension Of The Easterly Right Of Way Line Of Narcissus Avenue As Said Easterly Right Of Way Line As Shown On Plat Recorded In Plat Book 1, Page 38, Of The Public Records Of Palm Beach County, Florida; Thence Easterly Along Said Easterly Extension (Also Being The Southerly Right Of Way Line Of Said Second Street As Now Laid Out And In Use) A Distance Of 81.3 Feet To A Point In The Westerly Right Of Way Line Of Flagler Drive; Thence Southeasterly Along Said Westerly Right Of Way Line Of Flagler Drive, A Distance Of Feet More Or Less, To A Point In The Northerly Right Of Way Line Of The Florida East Coast Railway Company Known As Said Company's Yard Tract No. 12 (Said Northerly Right Of Way Line Being Parallel To And 25 Feet Northerly From, Measured At Right Angles To, The Center Line Of An Existing Spur Tract); Thence Westerly Along Said Northerly Right Of Way Line, A Distance Of Feet, More Or Less, To A Point In Said Northerly Extension Of The Easterly Right Of Way Line Of Narcissus Avenue; City Hall ITN Page 7

8 Thence Northerly, Along Said Northerly Extension (Also Being The Easterly Right Of Way Line Of Said Narcissus Avenue As Now Laid Out And In Use) A Distance Of Feet, More Or Less To The Point Of Beginning. Parcel C: A Parcel Of Land Fifty Feet In Width, Northerly And Southerly Between The West Right Of Way Line Of Flagler Drive And The East Right Of Way Line Of Narcissus Avenue, In West Palm Beach, Florida, Being More Particularly Described As Follows: Commence At The Northeast Corner Of The Intersection Of Banyan Street And Narcissus Avenue; Thence Northerly Along The Easterly Right Of Way Line Of Narcissus Avenue A Distance Of Feet To The Point Of Beginning, Said Point Being Also The Southwest Corner Of The Herein Described Parcel Of Land; Thence Easterly For The First Course, Forming An 89 Degree 33 Minute Angle To The Right, For A Distance Of Feet To The West Right Of Way Line Of Flagler Drive; Thence Northerly For A Second Course Along Said West Right Of Way Line Of Flagler Drive To A Point 50 Feet Distance Northerly, Measured At Right Angles To The First Course; Thence Westerly For A Third Course, Parallel To And Fifty Feet Distance Northerly From The First Course, A Distance Of 123 Feet, More Or Less, To A Point On The Easterly Right Of Way Line Of Narcissus Avenue; Thence Southerly For A Fourth Course, Along The Easterly Right Of Way Line Of Narcissus Avenue Fifty Feet, More Or Less, To The Point Of Beginning. Parcel D: Beginning At The Northeast Corner Of The Intersection Of First Street (Formerly Banyan Street) And Narcissus Avenue - In The City Of West Palm Beach; Thence Run Easterly Along The North Side Of First Street (Formerly Banyan Street) Sixty (60) Feet To A Point, Thence Run Northerly Along A Line Sixty (60) Feet East Of And Parallel To The Easterly Side Of Narcissus Avenue Feet To A Point Twenty Five (25) Feet Southerly From And At Right Angles To The Spur Track Of Florida East Coast Railway Company Known As Said Company's Yard Tract No. 12; City Hall ITN Page 8

9 Thence Run Westerly On A Line Twenty Five (25) Feet Southerly From And Parallel To Said Spur Tract, Sixty (60) Feet To A Point On The Easterly Side Of Narcissus Avenue And Twenty Five (25) Feet Southerly From Said Spur Track Thence Run Southerly Along The Easterly Side Of Narcissus Avenue Feet To The Point Of Beginning, The Land Hereby Conveyed Not Being Held Or Required For Railroad Purposes; Lying And Being Situated In Section , In The City Of West Palm Beach, Palm Beach County, Florida. C. Development Potential The Site is currently zoned as FWD-5 within the Downtown Master Plan, which allows for up to 5 stories with a maximum Floor Area Ratio (FAR) of Any additional development capacity for the Site is contingent upon several factors including the following: City Hall ITN Page 9

10 1. Whether the Site will maintain a five-story height restriction or be allowed to go to a 15- story height. 2. Whether an additional 1.0 FAR is allowed increasing the development capacity to a maximum of 3.75 FAR through the use of the Transfer of Development Rights (TDRs) program. The TDR program is a tool to promote the preservation of historic properties and the creation of urban open space. The TDR program allows the transfer of unused development rights from historic properties or newly created urban open spaces (sending Site) to receiving Sites within the Downtown Master Plan area, special conditions apply to this program. Please review Section and Section of the Zoning and Land Development Regulations for program parameters. 3. Whether the Narcissus Avenue right-of-way will be abandoned and incorporated into the development Site. 4. Whether the Narcissus Avenue right-of-way will be abandoned and incorporated into the design. In 2010, the City of West Palm Beach and Community Redevelopment Agency hired Lansing Melbourne Group, Desman Associates and Built Form to conduct analysis on the Site and Banyan Garage. City staff has conducted additional analysis based on the various development options as reflected on the following page: City Hall ITN Page 10

11 Potential Development Scenarios Scenario Site Area City Hall Site (CH) Narcissus Avenue (NA) Helen Wilkes Site (HW) Total Property Control Number: Property Square Footage 98,663 8,000 46, ,028 Property Acreage Development Potential at 2.75 FAR (without Narcissus) Development Potential at 2.75 FAR (with Narcissus) Development Potential at 3.75 FAR on CH Site & 2.75 FAR on HW Site (w/out NA) Development Potential at 3.75 FAR on CH Site & 2.75 FAR on HW Site (with 1/2 NA) 271, , , ,323 22, , , , , , ,986 15, , ,490 Respondents should also take note of the bus shelter located along Olive Avenue on the west side the Site. The bus stop must remain on the Site on Olive Ave but can be relocated to another location if the existing location interferes with ingress or egress to the new development. City Hall ITN Page 11

12 NOTE: Waterfront Development Plans In 2011, the CRA hired a consultant to propose design enhancements to the City s beautiful Waterfront Park. One of the recommendations was to extend the park north along Flagler Drive and to connect the park with those parcels north of Banyan Blvd. In addition the goal is to create additional park land to draw pedestrians north to attractions planned for the newly expanded park areas which will extend to 3rd Street. A copy of the preliminary plan is available under separate cover. Bearing in mind this proposal, the City is looking to preserve approximately 70,000 sf of the Site for the waterfront park along Flagler Drive, generally located as indicated on the figure on the following page. Proposers should review the proposed and identified new park on Flagler Drive. Proposers should coordinate the development of the vertical improvements to interact and complement and take advantage of the new park improvements. The connection should create a link from the hotel to the park to the Waterfront. Proposers are not required to design that portion of the park that will sit directly east of the development Site but should show how the two areas will interact. *Pursuant to the West Palm Beach Comprehensive Plan, the Helen Wilkes Site may have a floor area ratio of Any increase above that figure would require a comprehensive land use plan change. City Hall ITN Page 12

13 1. Minimum setback from Flagler Drive 200 (Park area +/- 70,000 sf). 2. Resulting hotel Site: a. +/- 130,000 sf b. Base zoning 2.75 FAR = 357,500 sf. c. Possible incentive additional 1.0 FAR = 130,000 sf d. Total development capacity = 487,500 sf 3. Narcissus Avenue abandoned (location of drop off to be determined based on project). City Hall ITN Page 13

14 D. Design Guidelines The Site lies within the Flagler Waterfront District (FWD) of the City s Downtown Master Plan (DMP). Developments within this district are encouraged to provide pedestrian connectivity to the waterfront and the waterfront parks and open space. Buildings are also required to be designed to preserve views to the Intracoastal Waterway. Uses permitted under the DMP include ground floor residential (except along Flagler Drive), multiple family dwellings, live/work units, ground floor retail, offices, hotels, restaurants and other commercial uses. Specific building criteria are reflected below: The following standards shall be used to guide design proposals (1) Floor Area Ratio (FAR) - The base floor area ratio (building/land) for the Site is An additional FAR of 1.0 may be possible for the City Hall Site through a Transfer of Development Rights. (2) Building Height - The maximum building height is five stories or 68 feet. As discussed earlier, this height may be waived upon the approval of the City Commission or voter referendum. (3) Building Setbacks - The building setbacks when facing an Avenue (Flagler Drive) range from 16 to 30 feet from back of curb. The building setbacks when facing a Primary Pedestrian Street (Banyan Boulevard) range from 16 to 30 feet from back of curb. The building setbacks when facing a Secondary Street (2nd Street, Olive Avenue) range from 12 to 35 feet from back of curb. The side interior setback is 0 feet. The rear building setback is 5 feet from back of curb. (4) Maximum Building Footprint - The footprint of the tower(s) must not exceed 82% of the podium footprint on the ground floor, 85% of the podium footprint for the second and third floors and 55% above that. (5) Minimum Open Space A total of 5% of the total Subject Property must be set aside for public open space. A total of 25% of the property must be set aside for private open space. Private open space means space that is intended solely for the use of building occupants and can include rooftop gardens and interior courtyards. (6) Minimum Active Uses Active use means a use within an enclosed building designed for human occupation with a direct view to adjacent streets or public open space. Active uses are City Hall ITN Page 14

15 regulated as a percentage of the buildable lot frontage. Active use, ground floor means an active use that attracts pedestrian activity, provides access to the general public, and conceals uses designed for parking and other non-active uses if present. Ground floor active uses generally include, but are not limited to, retail, other commercial, restaurants, coffee shops, libraries, institution, educational and cultural facilities, residential, and entrance lobbies. The requirement is 60% for Avenues, 80% for Primary Pedestrian Street and 30% for Secondary Streets. Avenues Primary Pedestrian Streets Secondary Streets Active use liner means an active use that serves to conceal uses designed for parking and other non-habitable uses. Active liner uses generally include, but are not limited to, commercial, residential, hotel, office and the commercial uses associated with live/work. The percentage liners apply to the second and third floor and are required to be set at 60%. City Hall ITN Page 15

16 (7) Minimum Transparency for Active Uses on the Ground Floor The requirement is 50% for Avenues and Primary Pedestrian Street and 30% for Secondary Streets. (8) Minimum Active Use Liner Depth - Active use liner depth means the minimum depth of an active use liner, measured generally perpendicular to the building frontage. For commercial uses, the minimum depth is 25 feet for commercial uses on the ground floor and 20 feet for the second and third floor. Residential uses require only a 15 foot setback for liners on the second and third floor. (9) Parking - A minimum of two off-street parking spaces for each 1,000 square feet of retail, restaurant or commercial use is required. Office uses require 2.5 spaces per 1,000 square feet while hotels require one space per four rooms plus one space per 800 square feet for restaurant or public meeting areas. Residential uses require a minimum of one space per unit plus one space per 20 units for guest parking. The City owns a 400 space parking garage directly across the street from the Site. On February 22, 2010, Lansing Melbourne Group issued the Banyan Street Garage Demand Study and a technical memorandum on the feasibility of the vertical expansion of the garage. (See Exhibits A & B). The study indicated that the existing demand in the garage comes primarily from the Clematis Street entertainment businesses and that there is substantial capacity during daylight hours during the week. The structural analysis showed that the existing structure could accommodate the addition of another level to the garage adding 120 spaces to today s capacity for future growth or redevelopment. Today, the garage has 162 monthly parkers (40% of capacity). A total of 97 spaces have access throughout the day and week while the remaining 65 spaces have Monday through Friday access only. There is an opportunity for a shared parking configuration with the development to utilize some of the parking in the Banyan garage. Proposers should review this option and analyze the best parking configuration for their proposed development. SECTION II: PROJECT GOALS A. Development Team Experience 1. Identify a qualified developer who can clearly demonstrate the experience and background of developing similar projects. B. Development Team Financial Capabilities 1. Receive adequate information to verify the development team has the financial capacity to fund the project and secure bonding adequate to construct the project. City Hall ITN Page 16

17 C. Project Development Concept 1. Provides for a hotel use, or a combination of uses including a hotel. Include a proposed schedule for the development of the project 2. Is complementary and inclusive of the Waterfront and the proposed expansion of the Waterfront Park along Flagler Drive 3. Enhances the City s unique identity and sense of place 4. Creates an architectural landmark on Flagler Drive 5. Emphasizes aesthetic massing and proportion and establishes a strong relationship with the urban streetscape 6. Incorporates art and public amenities D. Fiscal impact 1. Provides for the highest or best purchase price or best lease terms 2. Provides new jobs for residents of the city and county 3. Provides a substantial economic impact to the City of West Palm Beach City Hall ITN Page 17

18 SECTION III: SUBMITTAL REQUIREMENTS AND FORMAT TAB 1) Letter of Transmittal A general introduction statement identifying the party responding to this ITN and its commitment to the project, an acknowledgement letter shall be signed by the Proposer and attached as Attachment A. TAB 2) Firm Information and Development Qualifications A. Firm Information: please include (a) firm name, address, telephone and fax numbers; (b) ownership/organization structure; (c) parent company (if applicable); (d) officers and principals. B. Description of key personnel, including: (1) the principal-in-charge; (2) the project manager; and (3) all other key personnel or sub consultants who will be assigned to the project. Provide an organization chart identifying all individuals who will participate in the proposed redevelopment project. Only individuals that will be actively involved and engaged in the development of the Site can be listed as key personnel. C. Experience of Proposer relevant to this proposal and of similar projects that have been completed by the primary firm. Describe the full development team that completed the projects and include the date and location of the completed projects. Provide pictures and detail on the projects. D. Felony Indictments/Convictions: Provide a statement relative to whether any of the principals referred to above have ever been indicted for, or convicted of, a felony. E. Litigation History: List any litigation matter in the past five (5) years involving any projects or key personnel. TAB 3) Financial Qualifications and Capability A. Proposer must submit three (3) years of externally audited or reviewed financial statements. If the statements are compiled and not reviewed or audited they must be accompanied by a binding letter of commitment from a bank or lender in support of financing the project. B. Proposers must provide proof that they have secured funding for similar type projects and indicate how the project was financed. City Hall ITN Page 18

19 C. Additional Considerations: Identify any additional or unique resources, capabilities or assets which the Proposer would bring to this project. Tab 4) Project Development Concept A. A general overview of the proposed development project, including but not limited to: (1) Proposer s analysis of the project; (2) renderings of the proposed project; (3) a description of the proposed project including unique features and opportunities; and (4) impact of and relationship to adjacent properties. B. A conceptual development plan for the Site. The Proposal shall include a Site plan, floor plans showing the concept for the project, with estimated square footage of uses, number and type of units (if residential), number and layout of parking spaces, public open space, building elevations etc. All drawings submitted shall be 11' x 17". C. Identifies how the project will interact and connect to the new Waterfront Park directly east of the proposed Site. D. Renderings of the architectural style and Site evaluations from all sides on 11 x 17. E. A proposed development schedule showing all appropriate milestones including periods for purchase and development agreement negotiation, Level III Site plan approval, closing, design, construction and date of occupancy. TAB 5) Fiscal Impact A. Purchase Price and Lease Terms - Each Proposer is required to sign and include the attached Attachment B with its Proposal. Identify the purchase price, lease terms or financial structure proposed for acquisition/lease of the Site. A firm purchase price or specific financial purchase price and lease terms is required. The failure to comply with the Terms of Purchase provisions will result in disqualification of the Proposal. B. Estimate the fiscal impact of the project. C. Provide information on the number and types of job generation expected upon stabilization of the project. D. Proposers shall provide a deposit with the submittal in the amount of $25,000 USD check payable to the City of West Palm Beach as a deposit. Firms not selected for negotiation will have their deposits returned. The selected firm s City Hall ITN Page 19

20 deposit will be applied to the purchase price or lease term for the selected Proposer. TAB 6) Additional Considerations Identify any additional or unique resources, options, capabilities or assets which the Proposer would bring to this project. SECTION IV: GENERAL INFORMATION A. Proposals must be submitted by each Proposer to the Procurement Division Office, 401 Clematis Street, 5 th Floor, West Palm Beach, Florida, The submission deadline is 3:00 P.M. EST on September 6, 2012 ( Closing Date ). B. No Proposals will be accepted after the ITN Closing Date, and no modifications to those proposals already submitted will be permitted prior to selection, except in those cases where the CRA/City requests more information for clarification and/or enhancement purposes from all of the Proposers. C. CRA/City reserves the right to reject any and all Proposals received either in whole or in part, with or without cause, or to waive any proposal requirements, informalities or deficiencies, in any proposal if such action is deemed by the CRA/City to be in the best interest of the project, the CRA or the City. D. By submitting a Proposal, interested proposers warrant, represent and declare: 1. That the only person(s) designated as principal(s) is (are) named therein and that no other person(s) other than those therein mentioned has (have) any interest in the proposal or in the contract to be entered into. 2. The Proposer shall be precluded from assigning, transferring, conveying, subletting or otherwise disposing of its purchase or lease contract rights without prior written consent of the CRA/City. 3. All proposals shall become the property of the CRA/City and be a part of the public record. All materials submitted with proposal become the property of the CRA/City. The CRA/City has the right to use any or all ideas presented in any reply to this ITN. Selection or rejection of the Proposal does not affect this right. 4. That the Proposal is made in good faith without collusion or fraud. City Hall ITN Page 20

21 SECTION V: REJECTION OR DISQUALIFICATION OF PROPOSALS The CRA/City may reject or disqualify a proposal under any of the following circumstances: A. The Proposer misstates or conceals any material fact in the proposal. B. The proposal does not strictly conform to applicable laws or any requirements of this ITN. C. The proposal does not include documents, certificates, affidavits, acknowledgements or other information required by the ITN. D. The proposal has not been executed by the Proposer through or by an authorized officer or representative of the Proposer or Proposer s team. E. The Proposer fails to comply with all provisions, requirements and prohibitions binding on all proposers as herein set forth or fails to comply with applicable law. F. The Proposer fails to acknowledge receipt of any formal addenda that materially changes the terms or conditions. The CRA/City reserves the right to reject all proposals and/or re-advertise all or any part of this ITN when it is deemed in the best interest of the CRA/City to do so as stated in the "Disclosure and Disclaimer" section of this ITN. City Hall ITN Page 21

22 SECTION VI: MINIMUM REQUIREMENTS & EVALUATION PROCESS A. MINIMUM REQUIREMENTS In order for a proposal to be considered, the following minimum requirements must be met by the Proposer: Item Criteria Minimum Requirements 1. Land Use Clearly identify a use or combination of uses that meets or exceeds the project goals. 2. Experience No less than five (5) years of experience in hotel development including the ability to provide an example of a completed project. 3. Capacity Minimum of five (5) years experience with at least two (2) major site development projects in similar size and nature as the City of West Palm Beach reconstruction Site. 4. Insurance Proposer can provide proof of insurance as stated in Section XI: Special Terms and Conditions. 5. Representations & Disclosures Proposer can provide all required representations and disclosures. 6. Signature Proposal is signed by an officer authorized to bind the firm. 7. Deposit A refundable deposit check of $25,000 must be made at the time of submittal. 8. Receipt Proposal received in the Procurement Division on or before the due date and time. B. EVALUATION CRITERIA Each Proposer will be evaluated on the criteria listed below. First, each proposal will be evaluated individually by CRA and City staff. Proposals must be fully responsive to the requirements described in this ITN, and to any subsequent requests for clarification or additional information made by the CRA/City through written addenda to this ITN. Proposals failing to comply with the submission requirements, or those unresponsive to any part of this ITN, may be disqualified. The firms that meet the minimum requirements will be presented to the City Commission and/or CRA Board for approval to enter into negotiations. Second, a negotiation committee will negotiate with no more than three (3) proposers that most closely meet the requirements and criteria of the ITN. City Hall ITN Page 22

23 Item Criteria Evaluation Criteria 1. Development Team Experience Clear demonstration of the experience and background of development of similar projects. 2. Development Team Financial Capabilities Development team must provide proof that they have secured funding for similar type projects and indicate how the project was financed. 3. Project Development Concept 4. Fiscal impact Provides for a hotel use, or a combination of uses including a hotel Is completely inclusive of the Waterfront and the proposed expansion of the Waterfront Park along Flagler Drive Enhances the City s unique identity and sense of place Emphasizes aesthetic massing and proportion and establishes a strong relationship with the streetscape Provides for the highest or best purchase price or best lease terms Provides new jobs for residents of the city and county Provides a substantial economic impact to the City of West Palm Beach C. PROCESS Proposers may be required to make presentation(s). The presentations will be advertised as a public meeting. The Procurement Official will contact the short-listed Proposers regarding the date, time and location of the presentations. Models of the proposed project may be useful during the selection process. The following is an overview of the selection process following receipt of proposals. This process may be revised as necessary: a. The Procurement Official shall determine whether the proposal meets the minimum requirements. City Hall ITN Page 23

24 b. A selection committee will then review and evaluate the proposals, according to the Evaluation criteria, to short-list the submittals. The selection committee may require additional information prior to selections. Presentations may be required. c. The recommendation(s) of the selection committee will be forwarded to the City Commission and CRA Board which will then select no more than three (3) proposers with whom to forward to the negotiation committee to begin negotiations. Presentations may be required. d. The recommendation(s) of the negotiation committee will be forwarded to the City Commission and CRA Board for approval. Presentations may be required. The City/CRA may, at its discretion, elect to waive any requirements(s), either for all proposals or for a specific proposal which the City/CRA, in its sole discretion, deems non-material. The City/CRA reserves the right to accept such proposal as it deems to be in the public interest and in the furtherance of the purposes of the Community Redevelopment Act of 1969, as amended. Protest Procedures Protest procedures are provided in Section of the Code of Ordinances of the City of West Palm Beach. A protest must be addressed to the Procurement Official, in writing, identifying the protester, the solicitation and the basis for the protest and must be received by the Procurement Official within seven (7) calendar days of the first date that the aggrieved party knew or should have known of the facts giving rise to the protest. The protest is considered filed when it is received by the Procurement Official. Failure to file a protest in accordance with the Procurement Ordinance shall constitute a waiver of said protest. The Procurement Official s final determination of the Proposal that offers the best value or is in the best interest of and/or is most advantageous to the CRA/City is a final determination that may not be appealed. SECTION VII: ADDENDA TO THE ITN No interpretation or changes to the meaning of this ITN will be made to any Proposer orally. Changes will be made by written addendum. All questions or requests regarding this ITN must be submitted in writing and must be received on or before 5:00 p.m., Friday, July 13, 2012 addressed to: Monica Bojorge, Purchasing Agent City of West Palm Beach Procurement Division 401 Clematis St, West Palm Beach, FL Office: (561) Fax: (561) mbojorge@wpb.org City Hall ITN Page 24

25 All questions will be answered via addenda to all proposers. All questions or request for additional information which are deemed appropriate by the CRA/City will be answered in writing and will be forwarded to proposers. Where provided, such written response may, at the CRA/City's option, constitute a written addendum to the ITN. Neither the CRA/City, nor its advisors, will be responsible for any explanation, clarification or interpretation of this ITN not issued in writing by the CRA/City via written addenda. SECTION VIII: DISCLOSURE AND DISCLAIMER This invitation to negotiate ( ITN ) is being issued by the West Palm Beach Community Redevelopment Agency and the City of West Palm Beach (hereinafter known as the CRA and City). As more fully set forth in this ITN, any action taken by the CRA/City in response to Proposals made pursuant to this ITN, or in making any award or failure or refusal to make any award pursuant to such proposals, or in any cancellation of award, or in any withdrawal or cancellation of this ITN, either before or after issuance of an award, shall be without any liability or obligation on the part of the CRA/City and its advisors. In its sole discretion, the CRA/City may withdraw this ITN either before or after receiving proposals, may accept or reject Proposals, and may accept Proposals which deviate from this ITN. In its sole discretion, the CRA/City may determine the qualifications and acceptability of any party or parties submitting proposals in response to this ITN (each such party being hereinafter a Proposer ). Following submission of a proposal, the Proposer agrees to promptly deliver such further details, information and assurances including, but not limited to, financial and disclosure data, relating to the proposal and/or the Proposer, including the Proposer s affiliates, officers, directors, shareholders, partners and employees, as requested by the CRA/City. The information contained herein is provided solely for the convenience of Proposers. It is the responsibility of a Proposer to assure itself that information contained herein is accurate and complete. Neither the CRA/City, nor its advisors, provides any assurances as to the accuracy of any information in this ITN. Any reliance on the contents of this ITN, shall be at each Proposer s own risk. Proposers should rely exclusively on their own investigations, interpretations and analyses in connection with this matter. This ITN is being provided by the CRA/City and its advisors without any warranty or representations, express or implied, as to its content, accuracy or completeness and no Proposer or other party shall have recourse to the CRA/City, or its advisors, if any information herein contained shall be inaccurate or incomplete. No warranty or representation is made by the CRA/City, or its advisors, that any proposal conforming to these requirements will be selected for consideration, negotiation or approval. City Hall ITN Page 25

26 The CRA/City shall have no obligation or liability with respect to this ITN, or the selection and award process contemplated hereunder. The CRA/City does not warrant or represent that any award or recommendation will be made as a result of the issuance of this ITN. All costs incurred by a Proposer in preparing and responding to this ITN are the sole responsibility of the Proposer. Any recipient of this ITN who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer and agrees to be bound by the terms hereof. Any proposal submitted pursuant to this ITN is at the sole risk and responsibility of the party submitting such proposal. This ITN is made subject to correction of errors, omissions, or withdrawal without notice. Information contained in the ITN is for guidance only and each recipient hereof is cautioned and advised to independently verify all of such information. In the event of any differences between this Disclosure and Disclaimer and the balance of the ITN, the provisions of this Disclosure and Disclaimer shall govern. The CRA/City reserves the right to select the proposal which, in the opinion and sole discretion of the CRA/City, will be in the best interest and/or most advantageous to the CRA/City. The CRA/City reserves the right to waive any irregularities and technicalities and may, at its discretion, request re-submittal of proposals. All expenses in preparing the proposal and any resubmittals shall be borne by the Proposer. The CRA/City and the Proposer will be bound only if and when a proposal, as it may be modified, is approved and accepted by the CRA/City, and the applicable agreements pertaining thereto are approved, executed and delivered by the Proposer and the CRA/City, and then only pursuant to the terms of the agreements executed by the Proposer and the CRA/City. All or any responses to this ITN may be accepted or rejected by the CRA/City for any reason, or for no reason, without any resultant liability to the CRA/City. City Hall ITN Page 26

27 SECTION IX: WARRANTS & REPRESENTATIONS The only person(s) designated as principal(s) is (are) named therein and that no other person(s) other than those therein mentioned has (have) any interest in the proposal or in the contract to be entered into. The proposal is made in good faith and without collusion or fraud. The submission of a proposal signifies that the Proposer understands and agrees to all elements of the proposal, and that such proposal may become part of any contract entered into between the CRA and the Proposer. The selected Proposer will be precluded from assigning, transferring, conveying, subletting or otherwise disposing of the selection rights and ensuing contracts, if any, or of any or all of the rights, titles or interest therein, if any, without prior written consent of the CRA/City. All proposals shall become the property of the CRA/City. This ITN is for guiding each response; it is not to be construed as an offer by the City, the CRA or their advisors. The contents of this ITN are neither warranted nor guaranteed by the City, the CRA, or their advisors. The selected Proposer agrees that it is required to make a binding commitment to the project and agreed timetable supported by project completion guarantees and penalties for late completion. All Proposers must disclose with their proposals the name of any officer, director, or agent who is an employee of the CRA or City of West Palm Beach or who owns, directly or indirectly, interest of 10% or more in Proposer s firm or any affiliate. Pursuant to Fla. Stat a person or firm placed on the convicted vendor list maintained by the State of Florida may not submit a proposal to the CRA for 36 months following the date of being placed on the list. The selected Proposer agrees that it does not now, and will not during the term of any agreement resulting from this ITN, employ, pay for services or have any business or legal relationship with any officer, director or employee of the CRA or City of West Palm Beach No-Lobbying Permitted: As to any matter relating to this ITN, any Proposer, team member, or anyone representing a Proposer is advised that they are prohibited from contacting or lobbying the Mayor/CRA Chair, any CRA/City Commissioner, City/CRA staff, or any other person working on behalf of the City or CRA on any matter related to or involved with this ITN. City Hall ITN Page 27

28 For purposes of clarification, a team s representatives shall include, but not be limited to, the Proposer s employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the Proposer and the Proposer s team. All oral or written inquiries are to be directed to the Procurement Official. Any violation of this condition may result in rejection and/or disqualification of the Proposer. This No-Lobbying Provision is in effect from the date of publication of the ITN and shall terminate at the time the CRA/City approves execution of a contract, rejects all proposals, or otherwise takes action which ends the solicitation process. City Hall ITN Page 28

29 SECTION X: GENERAL TERMS AND CONDITIONS 1. Proposer s Responsibility This ITN is for guiding preparation of a Proposal; it is not to be construed as an offer by the City/CRA or its advisors. The contents of this ITN are neither warranted nor guaranteed by the City/CRA or its advisors and contractors. Proposers interested in pursuing this opportunity are urged to make such evaluations as they deem advisable and to reach independent conclusions concerning statements in this ITN and any supplemental materials based on their own investigation. 2. Lobbying Prohibited As to any matter relating to this ITN, contact by a Proposer, or anyone representing a Proposer, with the Mayor, any City Commissioner, any CRA Board Member, officer, City or CRA employee or any City or CRA representative or contractor, or any other person working on behalf of the City/CRA on any matter related to or involved with this ITN, other than an employee of the West Palm Beach Procurement Division, is grounds for disqualification. For purposes of clarification, a team s representatives shall include, but not be limited to, the Proposer s employees, partners, attorneys, officers, directors, contractors, lobbyists, or any actual or potential consultant or subcontractor of the Proposer or the Proposer s team. All oral or written inquiries are to be directed to the Procurement Official. Any violation of this condition may result in rejection and/or disqualification of the Proposer. The No-Lobbying condition is in effect from the date of publication of this ITN and shall remain in effect until the City/CRA executes a contract, or otherwise takes action which ends the solicitation process for the services under this ITN. This condition does not apply to any communication by the City/CRA to an existing City or CRA consultant regarding matters other than this ITN. 3. Proposal Costs Any cost(s) incurred by a Proposer in responding to this ITN is the sole responsibility of the Proposer. 4. No Return of Proposals All Proposals shall become the property of the City/CRA and shall not be returned. 5. Ethics Requirements All Proposers are responsible for educating themselves on the various ethics and conflict of interest provisions of Florida law, Palm Beach County Ordinance and City Code. No Proposer may employ, directly or indirectly, the mayor, any member of the city commission or CRA Board Member or any director or department heard of the City or CRA. The City Code prohibits any employee, or member or their immediate family or close personal relation to receive a benefit or profit from any contract entered into with the City or CRA, either directly or through any firm of which they are a member, or any corporation of which they are a stockholder, or any business entity in which they have a controlling financial interest. Any affected party may seek a conflict of interest opinion from the State of Florida Ethics Commission and/or Palm Beach County Ethics commission regarding conflict of interest provisions. No officer or employee of City Hall ITN Page 29

30 the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to the Agreement, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Consultant shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. 6. City as Gatekeeper of Documents This solicitation is issued directly by the City and CRA and the City/CRA shall be the sole distributor of all addendums and/or changes to these documents. The City/CRA is not responsible for any solicitations advertised by subscriber publications, or other sources not connected with the City/CRA and the Proposer should not rely on such sources for information regarding any solicitation issued by the City of West Palm Beach and the CRA. 7. Public Records; Confidential & Proprietary Information The City/CRA and their representatives are governed by the Sunshine law and the Public Records law of the State of Florida and all Proposals and supporting data shall be subject to disclosure as required by such laws. All Proposals shall be submitted in sealed form and shall remain confidential for the period permitted by the Public Records laws. Thereafter, any material submitted in response to this ITN will become a public record and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers must claim the applicable exemptions to disclosure provided by law in their response to the ITN by identifying materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary and legal. The City/CRA reserves the right to make any final determination of the applicability of the Public Records Law. No claim of confidentiality or proprietary information in all or any portion of a Proposal will be honored unless a specific exemption from the public records law exists and it is cited in the response to the ITN. If a Proposer believes any of the information contained in its Proposal is exempt from the public records law, and then Proposer must specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, the City/CRA will treat all material received as public records. 8. Ownership of Documents The City/CRA shall have full ownership and the rights to use, reproduce, or modify, all drawings, surveys, plans, specifications, reports and documents resulting from this solicitation and resulting contract, and regardless of whether in paper or electronic format, without payment of any royalties or fees to Proposer. Proposer acknowledges that the City/CRA s contract will require a full waiver of all intellectual property rights and copyrights in all such documents. 9. Non-discrimination Proposer shall not discriminate against any person or business on the grounds of race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status or sexual orientation. City Hall ITN Page 30

31 10. Rights and Privileges; No Assignment The selected proposer will be precluded from assigning, transferring, conveying, subletting or otherwise disposing of the award rights and ensuing contracts, if any, or of any or all of the rights, titles or interest therein, if any, without prior written consent of the City and CRA. 11. Unauthorized Aliens The knowing employment by Proposer or its sub-consultants of any alien not authorized to work by the immigration laws or the Attorney General of the United States is prohibited and shall be a default of the contract awarded under this ITN. 12. News Releases / Publicity News releases, publicity releases, or advertisements relating to this ITN or resulting contract or work authorizations shall not be made without prior City/CRA approval. 13. Applicable Laws; Procurement Code Chapter 66 of the Code of Ordinances of the City of West Palm Beach shall govern this ITN. Proposer shall, in its Proposal and any resulting contract or provision of services, comply fully with all applicable local, state and federal laws and regulations. SECTION XI: SPECIAL TERMS AND CONDITIONS Insurance Requirements Proposer shall purchase from and maintain, in a company or companies lawfully authorized to do business in Florida, the following insurance coverage in amounts not less than the following limits of liability. Certificates of Insurance naming the City as an additional insured shall be delivered to City upon award. Proposer shall maintain following liability coverage, in the limits specified: Comprehensive General Liability: Not less than $1,000, Combined Single Limit per each occurrence and $2,000,000 aggregate, with bodily injury limits, with the City named as additional insured. May not be subject to a self-insured retention or deductible exceeding $25,000. Automobile Liability: Not less than $1,000, for injuries per person in any one accident or occurrence and $1,000, in the aggregate for injuries per occurrence or accident, with $100, for property damage in any one accident or occurrence, or $300, Combined Single Limit, covering each motor vehicle. May not be subject to a self-insured retention or deductible exceeding $10,000. Worker s Compensation: Worker's Compensation and Employer's Liability Insurance with limits of Employer's Liability Insurance not less than $500,000 "each accident," $500,000 "disease policy limit," and $500,000 "disease each employee." Note: Depending on terms negotiated, additional insurance and bonds may be required. City Hall ITN Page 31

32 Attachments Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Letter of Transmittal Purchase Price and Lease Terms RSVP and Registration Proposers Information Proposers References Representation and Disclosures Exhibits Exhibit A Banyan Street Garage Demand Study Exhibit B Technical Memorandum of Vertical Expansion of the Banyan Garage City Hall ITN Page 32

33 Attachment B Purchase Price & Lease Terms PURCHASE PRICE & LEASE TERMS Please note that the purchase will be subject to the following conditions and procedures: Deposit Check of $25,000 is due with submittal of Proposal. Remaining terms to be negotiated. Property is sold or leased as is. Purchaser may not assign, transfer, convey or dispose of contract rights without the prior written consent of the CRA/City. Please provide proposed details on the sale or lease terms and conditions. Purchase Price Offer: $ (Write dollar amount here) Proposer Authorized Signature Print Name City Hall ITN Page 33

34 ATTACHMENT C RSVP and REGISTRATION FORM Proposers shall complete and return this form to the Procurement Official prior to 5:00 P.M. EST June 29, 2012, in order to receive any addenda(s) issued for this ITN. It is the responsibility of the Proposer to ensure its receipt of all addenda. Name of Company: Contact Person: Title: Street: City: State: Zip: Telephone ( ) Fax ( ) Address: Preferred Method of Receipt: Fax City Hall ITN Page 34

35 ATTACHMENT D PROPOSER INFORMATION Company Name: FEIN: State of Incorporation: Attach copy of Letter of Incorporation and/or evidence of authorization to do business in Florida and a W9 Form. Address: Street City State Zip Code Telephone: Fax: Principal Contact Person & Title: Contact Telephone Number: Fax: Number of Years Company in Business: years Total Number of Employees: Office Location: Address: Street City State Zip Code Contact Name: Print Name and Title Cell Phone: Fax: Address: Tel: City Hall ITN Page 35

36 ATTACHMENT E PROPOSER REFERENCES PROPOSER: List references that development services were provided to within the last three (3) years (1) Name of Company: Address: Contact Name and Title: Contact Phone: Contact Fax: Date Project Began: Length of Project Term: Dollar Value of Project: $ (2) Name of Company: Address: Contact Name and Title: Contact Phone: Contact Fax: Date Project Began: Length of Project Term: Dollar Value of Project: $ (3) Name of Company: Address: Contact Name and Title: Contact Phone: Contact Fax: Date Project Began: Length of Project Term: Dollar Value of Project: $ City Hall ITN Page 36

37 ATTACHMENT F REPRESENTATIONS AND DISCLOSURE ITN No STATE OF } } SS: COUNTY OF } I am an officer of the Proposer firm, named below, submitting its qualifications under an ITN and am authorized to make the following Representations and Disclosures on behalf of the Proposer. I certify or affirm that to the best of my knowledge and belief, the following statements are true: 1. Proposer agrees that its proposal may become part of any Project entered into between the City and the Proposer. 2. There are no actual, apparent or potential conflicts of interest with Proposer or any sub- Contractors or subcontractors that are present or could develop with respect to the scope of services for the project/study and any parties to this solicitation or any third parties. 3. Submittal of Proposer s Proposal is made without connection with any persons, company or party making another submittal, and that it is in all respects fair and in good faith without collusion or fraud. 4. Proposer has not filed for bankruptcy in the past five (5) years. 5. Neither Proposer nor any of Proposer s principals have been convicted of or indicted for a felony or fraud. 6. Proposer and any parent corporations, affiliates, subsidiaries, members, shareholders, partners, officers, directors or executives thereof are not presently debarred, proposed for debarment or declared ineligible to bid or participate in any federal, state or local government agency projects and are not listed on the Florida convicted vendor list. 7. Proposer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Proposer, to solicit or secure an award under this ITN and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Proposer, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from an award. City Hall ITN Page 37